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HomeMy WebLinkAbout14-5955 Supreme Co � n nsylvania COUA 1CO%neo leas For Prothonotary Use Only: n I' C. T o t Docket No: S j; C . "rlaid County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace thefiling and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: S ©Complaint El Writ of Summons El Petition E] Transfer from Another Jurisdiction ❑ Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: UGI Utilities Inc. Azarria S. Simon T Dollar Amount Requested: ❑✓within arbitration limits I Are money damages requested? 0 Yes ❑ No (check one) ❑outside arbitration limits O N Is this a Class Action Suit? ❑Yes ❑✓ No Is this an MDJAppeal? [:] Yes ❑✓ No A Name of Plaintiff/Appellant's Attorney: Anthony P. Krzywieki, Esquire ❑ Check here if you have no attorney(are a Self-Represented [Pro Se] Litigant) Nature of the Case: Place an "X"to the left of the ONE case category that most accurately describes your PRIMARYCASE. If you are making more than one type of claim, check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS ❑ Intentional ❑Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑Debt Collection:Credit Card ❑ Board of Assessment ©Motor Vehicle ❑Debt Collection:Other ❑ Board of Elections Nuisance ❑ Dept.of Transportation Premises Liability Statutory Appeal: Other S Product Liability(does not include E mass tort) ❑Employment Dispute: B Discrimination Slander/Libel/Defamation C Other: ❑Employment Dispute:Other E] Zoning Board T ❑ Other: I ❑Other: O MASS TORT ❑ Asbestos N Tobacco Toxic Tort-DES Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Other: ❑Ejectment ❑Common Law/Statutory Arbitration B Eminent Domain/Condemnation ❑Declaratory Judgment Ground Rent ❑Mandamus ❑Landlord/Tenant Dispute Non-Domestic Relations Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY Mortgage Foreclosure:Commercial ❑Quo Warranto ❑ Dental ❑ Partition ❑Replevin ❑ Legal ❑ Quiet Title ❑Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated 1/1/2011 t IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA UGI UTILITIES INC., _ • Civil Action- In Law Plaintiff, No. vs. ARBITRATION AZARRIA S. SIMON and Y JONATHAN ASTACIO, tom'--, CD Defendants. C-, CD COMPLAINT`- NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally, or by attorney, and filing, in writing with the Court, your defenses or objections to the claims set forth against you. You are WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle,PA 17013 (717) 249-3166 (800) 990-9108 7s . a VIP9,7 s IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY,PENNSYLVANIA UGI UTILITIES INC., Civil Action- In Law Plaintiff, No. VS. ARBITRATION AZARRIA S. SIMON and JONATHAN ASTACIO, Defendants. COMPLAINT 1. This is an action by Plaintiff, UGI UTILITIES INC., to recover damages from Defendant arising out of a vehicular collision which caused damage to property owned by Plaintiff. 2. UGI UTILITIES INC. is a Pennsylvania corporation duly organized and existing and licensed to do business as a public utility under the laws of the Commonwealth of Pennsylvania with a principal place of business at P.O. Box 12677, Reading, Pennsylvania, 19605. 3. Defendant,AZARRIA S. SIMON, is an adult individual residing at 2634 Butler Street, Harrisburg, Pennsylvania, 17103. 4. Defendant, JONATHAN ASTACIO, is an adult individual residing at 5317 Oxford Circle, Apt 74, Mechanicsburg, Pennsylvania, 17055. 5. At all times relevant hereto, Plaintiff was engaged in the business of producing, furnishing, supplying and distributing utility service to persons and businesses who requested utility service in accordance with the Rate Schedules and General Rules and Regulations of Plaintiffs Tariff presently on file with the Public Utility Commission. COUNT UGI UTILITIES INC. VS. AZARRIA S. SIMON 6. Paragraphs 1 through 5 are incorporated as referenced as if fully set forth herein. 7. Defendant,AZARRIA S. SIMON, while operating a vehicle, collided with and damaged property owned by Plaintiff. 8. Defendant negligently operated the vehicle in that he/she: a) operated said vehicle at an excessive rate of speed under the circumstances; b) failed to have said vehicle under proper and adequate control; C) failed to keep a proper lookout; d) operated said vehicle in a reckless and careless manner; e) failed to keep vehicle in the proper lane of travel; f) failed to operate the vehicle within the posted speed limit or failed to operate the vehicle at a reasonable speed under the circumstances; g) failed to remain alert and attentive under the circumstances; h) operated the vehicle without due regard for the rights, safety and position of the Plaintiff; i) operated the vehicle in a manner violating the statutes of the Commonwealth of Pennsylvania governing the operation of vehicles on public streets, highways and roadways; j) being negligent at the law; and k) such other acts or omissions constituting carelessness, negligence and recklessness may be ascertained during discovery or developed at the time of trial. 9. Defendant, on or about July 3, 2014, struck and damaged a vehicle owned and operated by UGI UTILITIES INC. at the vicinity of Windsor Boulevard, Lower Allen Township, Cumberland County, Pennsylvania. 10. Defendant's actions or inactions as set forth above are the proximate cause of the damages as set for above and herein. 11. Plaintiff made demand on Defendant to repay the sums then due and owing to Plaintiff,but Defendant has refused to pay Plaintiff. 12. Plaintiff has been damaged in the amount of$4,027.86, including costs and attorney fees. WHEREFORE, Plaintiff, UGI UTILITIES INC., demands judgment against the Defendant in an amount of$4,027.86, including pre judgment and post judgment interest, punitive damages and delay damages as the law may allow. COUNT II UGI UTILITIES INC. VS. JONATHAN ASTACIO 13. Paragraphs 1 through 12 are incorporated as referenced as if fully set forth herein. 14. At all time relevant hereto, Defendant, JONATHAN ASTACIO, was the owner of the vehicle driven by Defendant, AZARRIA S. SIMON, that hit Plaintiff's vehicle. 15. At the time of the aforesaid accident, Defendant, JONATHAN ASTACIO, was responsible for the actions of its agent, AZARRIA S. SIMON. 16. The aforementioned damages were the direct and proximate result of the negligence of Defendant, JONATHAN ASTACIO, including negligent acts and/or omissions of Defendant as performed individually and/or by and through others permitted to drive their vehicle more specifically described as follows: a) negligently entrusting the aforesaid vehicle to Defendant, AZARRIA S. SIMON; b) negligently and carelessly failing to properly and adequately supervise and/or train Defendant, AZARRIA S. SIMON, in the operation of his/her vehicle; C) negligently and carelessly failing to properly supervise the operation and control of said vehicle; d) negligently and carelessly failing to act with due care and regard for the safety of others on the streets and highways; e) violating the ordinances and the statutes of the Commonwealth of Pennsylvania governing safe operation of motor vehicles on the streets and highways; and f) otherwise failing to exercise reasonable care under the circumstances. 17. As a direct and proximate result of the negligence of Defendant, JONATHAN ASTACIO, Plaintiff sustained damages as described above. 18. Plaintiff has been damaged in the amount of$4,027.86, including costs and attorney fees. WHEREFORE, Plaintiff UGI UTILITIES INC. demands judgment against the Defendant in an amount of$4,027.86, including pre judgment and post judgment interest, punitive damages and delay damages as the law may allow. Respectfully submitted, KRZYWICKI & IATES, P.C. DATED: September 30, 2014 By: thon, �0 -' wi squire P.O. Bo Neop A 1(L38__ 15) 862-4390 Attorney for Plaintiff Attorney I.D. 23754 VERIFICATION Pursuant to Rule 1024 (c), I, ANTHONY P. KRZYWICKI, ESQUIRE, verify that I am the attorney for Plaintiff in the within case; that the appropriate officers of the Plaintiff are not available within the time for serving the foregoing to provide their verification; that I am sufficiently familiar with the facts set forth in the foregoing Pleading to take this verification; and that such facts are true and correct to the best of my knowledge, information and belief, based upon the company's business records and matters of public record. I understand that the statements herein are made subject to the penalties of 18 Pa. Consol. Stat. Ann. § 4904 relating to unsworn falsification to authorities. DATED: September 30, 2014 AN ON Y , ESQUIRE Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY i._i_ti—IL r i l HE PROTHO;IO.s.:_TAR'' 2014 OCT 27 PM 3: 17 CUMBERLAND COUNTY PENNSYLVANIA OFF ICE {+F TF!w $fi:FiIFF UGI Utilities Inc. vs. Azarria S Simon (et al.) Case Number 2014-5955 SHERIFF'S RETURN OF SERVICE 10/07/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Azarria S Simon, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the within Complaint & Notice according to law. 10/16/2014 05:47 PM - The requested Complaint & Notice served by the Sheriff of Dauphin County upon Dianna Myers, who accepted for Azarria S Simon, at 2634 Butler Street, Harrisburg, PA 17103. Jack Lotwick, Sheriff, Return of Service attached to and made part of the within record. 10/20/2014 09:05 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Complaint & Notice by handing a true copy to a person representing themselves to be Maribel Astcio, Mother, who accepted as "Adult Person in Charge" for Jonathan Astacio at 5317 Oxford Circle, Apt. 74, Lower Allen, Mechanicsburg, PA 17055. SHERIFF COST: $64.30 SO ANSWERS, October 22, 2014 c) CountySuite Sheriff, Teleosoft, Inc. RONNY R ANDERSON, SHERIFF Shelley Ruhl Real Estate Deputy Matthew L. Owens Solicitor Commonwealth of Pennsylvania County of Dauphin Dauphin County 101 Market Street Harrisburg, Pennsylvania 17101-2079 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff -'riff Jack Duignan Chief Deputy Michael W. Rinehart Assistant Chief Deputy UGI UTILITIES, INC. VS AZARRIA S. SIMON Sheriffs Return No. 2014-T-2721 OTHER COUNTY NO. 2014-5955 And now: OCTOBER 16, 2014 at 5:47:00 PM served the within NOTICE & COMPLAINT upon AZARRIA S. SIMON by personally handing to DIANNA MYERS * 1 true attested copy of the original NOTICE & COMPLAINT and making known to him/her the contents thereof at 2634 BUTLER STREET HARRISBURG PA 17103 * MOTHER OF DEFENDANT WHO ACCEPTED AS ADULT PERSON IN CHARGE AT TIME OF SERVICE. Sworn and subscribed to before me this 20TH day of October, 2014 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Karen M. Hoffman, Notary Public City of Harrisburg, Dauphin County My Commission Expires January 8, 2018 So Answers, Sheriff of D By D . uty Sheriff Deputy: W CONWAY Sheriffs Costs: $41.25 10/10/2014 I 4 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA UGI UTILITIES INC., vs. AZARRIA S. SIMON and JONATHAN ASTACIO, Civil Action - In.Law Plaintiff, No. 14-5955 Civil Defendants. To the Prothonotary: ARBITRATION PRAECIPE FOR JUDGMENT AGAINST• DEFENDANT FOR FAILURE TO PLEAD COUNT I UGI Utilities Inc. vs. Azarria S. Simon and Jonathan Astacio Kindly enter Default Judgment in favor of Plaintiff, UGI Utilities Inc., and against Defendants, Azarria S. Simon and Jonathan Astacio, for failure to plead to Plaintiff's Complaint as follows: Amount Due: $ 2,820.86 Court Fees: $ 115.75 Service Costs: $ 105.55 TOTAL: $ 3,042.16 together with interest thereon from the date of judgment forward and all costs of this action. a tIIp.sD ebt /19.gy I hereby certify, to the best of my knowledge and belief, as follows: 1. The true and correct address of the Plaintiff, UGI Utilities Inc., is P.O. Box 12677, Reading, Pennsylvania, 19612. 2. The true and correct address of the Harrisburg, Pennsylvania, 17103. 3. The true and correct address of the Circle, Apt 74, Mechanicsburg, PA 17055. Dated: December 2, 2014 Defendant, Azarria S. Simon, is 2634 Butler Street, Defendant, Jonathan Astacio, is 5317 Oxford KRZYWICKI & _ . 0 . IATES, P.C. . Box 505 New Hope, PA 1 (215) 862-4390 Attorney for Plaintiff Attorney I.D. No. 23754 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA UGI UTILITIES INC., vs. Civil Action - In Law Plaintiff, : No. 14-5955 Civil ARBITRATION AZARRIA S. SIMON and JONATHAN ASTACIO, Defendants. The undersigned hereby certifies that written notice of intention to file a Praecipe for Entry of Judgment by Default against the Defendants, Azarria S. Simon and Jonathan Astacio, in the above matter were mailed to the Defendants after the default.occurred and at least ten (10) days prior to the filing of the Praecipe for Entry of Judgment pursuant to PA. R.C.P. 237.1. True and correct copies of those notices are attached hereto and made a part of this Certification. Dated: December 2, 2014 KRZYWICKI & ASSOCIATES, P.C. . Box New Hope, PA (215) 862-4390 Attorney I.D. No. 23754 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA UGI UTILITIES INC., Civil Action - In Law Plaintiff, No. 14-5955 Civil ARBITRATION AZARRIA S. SIMON and JONATHAN ASTACIO, NOTICE vs. TO: Mr. Azzaria S. Simon 2634 Butler Street Harrisburg, PA 17103 Defendants. You are in default because you have failed to enter a written appearance personally or by an attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 DATE: November 19, 2014 nthony P. P.O. Box 5 New Attorney I.D. 237 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA UGI UTILITIES INC., Civil Action - In Law Plaintiff, No. 14-5955 Civil ARBITRATION AZARRIA S. SIMON and JONATHAN ASTACIO, NOTICE vs. Defendants. TO: Mr. Jonathan Astacio 5317 Oxford Circle, Apt 74 Mechanicsburg, PA 17055 You are in default because you have failed to enter a written appearance personally or by an attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 DATE: November 19, 2014 15) 862- 390 Attorney I.D. 23 Attorney for Plaintiff i IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA UGI UTILITIES INC., vs. Civil Action - In Law Plaintiff, No. 14-5955 Civil ARBITRATI.ON AZARRIA S. SIMON and JONATHAN ASTACIO, Defendants. AFFIDAVIT OF SERVICE STATE OF PENNSYLVANIA) ss.: COUNTY OF BUCKS ) I, ANTHONY P. KRZYWICKI, Attorney for Plaintiff, served a true and correct copy of the Notice of Intention to Take Default pursuant to PA. R.C.P. 237.1 on Defendant(s), by First Class Mail, under the exclusive care and custody of the Unite.... e ' ostal Service on November 19, 2014.. Sworn to and subscribed before me this .Zryc day of 10-Q%' , 2014. NOTARY.P� UBLIC NOTARIAL SEAL AMY M GLASGOW Notary Public NEW HOPE BORO., BUCKS COUNTY . My Commission Expires Mar 14, 2016 WICKI & ASSO. ' " , P.C. P.O. Box 505 New Hope, PA 18938 (215) 862-4390 PA Attorney ID #23754 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA UGI UTILITIES INC., vs. Civil Action - In Law Plaintiff, No. 14-5955 Civil ARBITRATION AZARRIA S. SIMON and JONATHAN ASTACIO, Defendants. AFFIDAVIT OF NON-MILITARY SERVICE STATE OF PENNSYLVANIA ss.. COUNTY OF BUCKS ) I, ANTHONY P. KRZYWICKI, being duly sworn, according to law, deposes and states that I am a representatives of UGI UTILITIES INC., the Plaintiff herein, and as such, state the following: 1. The Defendants, Azarria S. Simon and Jonathan Astacio, is not, to my knowledge, in the military or naval service of the United States or its allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of 1940,.as amended. 2. The Defendant, Azarria S. Simon, is more than 18 years of age and currently resides at 2634 Butler Street, Harrisburg, Pennsylvania, 17103. 3. The Defendant, Jonathan Astacio, is more than 18 years of age and currently resides at 5317 Oxford Circle, Apt 74, Mechanicsburg, PA 17055. 4. I have ascertained the. above information by personal make this Affidavit with due authority. Sworn to and subscribed before me this 2 -net day of Deb',.-, 2014. 9✓l 62Qa NOTAR UBLIC NOTARIAL SEAL AMY'M GLASGOW Notary Public - NEW HOPE BORO., BUCKS. COUNTY. My Commission Expires Marr14;-2016 ' SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SIL (36 MV UGI Utilities Inc. vs. Azarria S Simon (et al.) Case Number 2014-5955 SHERIFF'S RETURN OF SERVICE 10/07/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent searr•h and inquiry for the within ncmed Defendant to wil: Azarria S Simon, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the within Complaint & Notice according to law. 10/16/2014 05:47 PM - The requested Complaint & Notice served by the Sheriff of Dauphin County upon Dianna Myers, who accepted for Azarria S Simon, at 2634 Butler Street, Harrisburg, PA 17103. Jack Lotwick, Sheriff, Return of Service attached to and made part of the within record. 10/20/2014 09:05 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Complaint & Notice by handing a true copy to a person representing themselves to be Maribel Astcio, Mother, who accepted as "Adult Person in Charge" for Jonathan Astacio at 5317 Oxford Circle, Apt. 74, Lower Allen, Mechanicsburg, PA 17055. SHAM G UTS EPUTY SHERIFF COST: $64.30 SO ANSWERS, October 22, 2014 RONNY R ANDERSON, SHERIFF y:) Cour:.,S.nta Sbc, . q.::osof; !nc. OFFICE OF THE CLERK OF COURT COUNTY OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE * CARLISLE, PA 17013 David D. Buell Prothonotary TO: Mr. Azzaria S. Simon 2634 Butler Street Harrisburg, PA 17103 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA UGI UTILITIES INC., Civil Action - In Law Plaintiff, No. 14-5955 Civil ARBITRATION AZARRIA S. SIMON and JONATHAN ASTACIO, NOTICE vs. Defendants. Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. (XX) Judgment by Default ) Money Judgment ) Judgment in Replevin ) Judgment for Possession ) Judgment on Award of Arbitration ) Judgment on Verdict ) Judgment on Court Findings Davi Buell Protho .tary IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL ATTORNEY FOR THE FILING PARTY: Anthony P. Krzywicki, Esquire KRZYWICKI & ASSOCIATES, P.C. 49 North Sugan Road P.O. Box 505 New Hope, PA 18938 (215) 862-4390 Attorney I.D. No. 23754 OFFICE OF THE CLERK OF COURT COUNTY OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE * CARLISLE, PA 17013 David D. Buell Prothonotary TO: Mr. Jonathan Astacio 5317 Oxford Circle, Apt 74 Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA UGI UTILITIES INC., VS. AZARRIA S. SIMON and JONATHAN ASTACIO, Plaintiff, Defendants. Civil. Action - In Law No. 14-5955 Civil ARBITRATION NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. (XX) Judgment by Default ( ,) Money Judgment ( ) Judgment in Replevin ( ) Judgment for Possession ( ) Judgment on Award of Arbitration ( ) Judgment on Verdict ( ) Judgment on Court Findings David D. Buell Prothonotary IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL ATTORNEY FOR THE FILING PARTY: Anthony P. Krzywicki, Esquire KRZYWICKI & ASSOCIATES, P.C. 49 North Sugan Road P.O. Box 505 New Hope, PA 18938 (215) 862-4390 Attorney I.D. No. 23754